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Pawtucket Board of License Commissioners
Tuesday, January 25, 2022
Chairman Moran states that the reason for holding an emergency meeting tonight is because there was an incident related to FabCity Cigar Lounge, at 1438 Newport Avenue, which included a fatal shooting. He is calling for the meeting to protect the health, safety and welfare of the residents in that neighborhood.
Chairman Moran calls for a motion on whether or not to proceed with the emergency meeting.
THE CHAIR RECOGNIZES COUNCILOR MERCER
Upon motion made by Councilor Mercer, seconded by Councilors Araujo and Wildenhain, the Board votes to convene an emergency meeting to protect the health and safety of the public by taking up an Emergency Formal Hearing to decide whether to SUSPEND the licenses of FabCity Cigar Lounge (FabCity Cigar Lounge, Inc.) 1438 Newport Avenue, due to a disturbance at the establishment on January 24, 2022, on a roll call vote, as follows:
AYES – President Moran, Councilors Araujo, DaRosa, Mercer, Schuette, Stachowiak, Vasquez and Wildenhain.
NOES – 0.
An Emergency session of the Pawtucket Board of License Commissioners is held Tuesday, January 25, 2022, at 6:06 p.m., in the City Council Chambers, City Hall, 137 Roosevelt Avenue, Pawtucket, RI. 
Present – Chairperson Moran, Councilors Araujo, DaRosa, Mercer, Schuette, Stachowiak, Vasquez and Wildenhain.
Absent – Councilor Gregor.
Councilor Wildenhain participates on ZOOM.
Chairperson Moran presides.
Communications from Captain David Holden, Pawtucket Police, to the Pawtucket Board of License Commissioners. (Incident on January 24, 2022, at FabCity Cigar Lounge (FabCity Cigar Lounge, Inc.) 1438 Newport Avenue), is READ AND ORDERED FILED, on a unanimous voice vote. 
AN EMERGENCY FORMAL HEARING ON THE FOLLOWING LICENSE IS TAKEN UP: 
CLASS B (Victualer) -
FabCity Cigar Lounge (FabCity Cigar Lounge, Inc.) 1438 Newport Avenue, LIC#14035® #14036 (ent)
Stipulations.
1. The business remains a cigar bar or smoking bar pursuant to R.I. Gen. Laws §23-20.10-2(15).
2. Door closed at all times.
3. No outside Entertainment.
4. No outdoor service after 11:00 p.m.
Representing the City of Pawtucket is Frank J. Milos, Jr., Esq., City Solicitor.
Mr. Milos states that he spoke with Attorney Mark Welch, who represents FabCity Cigar Lounge.
The goal for tonight’s meeting is to not have the licensed establishment open while the city completes its investigation.
According to Mr. Milos, a consent order has been prepared calling for the cessation of business from today through February 9, 2022.
The license holder agrees.
There will be no testimony tonight.
Closing of the establishment will be voluntary; it will not be held against the license holder at the hearing.
If the investigation is not done by February 9th, resulting in the hearing being postponed, the license holder will have an opportunity to address the Board about being allowed to reopen.
The hearing is closed.
THE CHAIR RECOGNIZES COUNCILOR MERCER.
Upon motion made by Councilor Mercer, seconded by Councilor Araujo, the Board ACCEPTS THE CONSENT AGREEMENT WITH FABCITY CIGAR BAR TO REMAIN CLOSED UNDER THE TERMS DESCRIBED BY MR. MILOS, on a roll call vote, as follows.
AYES – President Moran, Councilors Araujo, DaRosa, Mercer, Schuette, Stachowiak, Vasquez and Wildenhain.
NOES – 0.
THE CHAIR RECOGNIZES COUNCILOR MERCER.
With majority consent of the Board, the following motion made by Councilor Mercer, seconded by Councilors Schuette and Wildenhain, is PASSED on a unanimous voice vote:
The Clerk is instructed to issue a summons to FabCity Cigar Lounge, 1438 Newport Avenue, to appear at a FORMAL HEARING on Wednesday, February 9, 2022, for the following reason;
On or about January 24, 2022: Failure to maintain control of patrons and/or employees, agents; and/or endangering the health, safety and welfare of the general public; and/or permitting the house or place where you are licensed to sell beverages under the provisions of Title 3 of the General Laws to become disorderly as to annoy and disturb the persons inhabiting or residing in the neighborhood; and/or permitting any of the laws of this state or ordinances of this city to be violated. (See attached communication) (Violation of R.I. Gen. Laws § 3-5-23)
on a roll call vote, as follows.
AYES – President Moran, Councilors Araujo, DaRosa, Mercer, Schuette, Stachowiak, Vasquez and Wildenhain.
NOES – 0.
Upon motion made by Councilor Mercer, seconded by the entire Board, the meeting is adjourned at 6:17 p.m., in memory of Richard Cruz, who passed away ten years ago today. 